indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Senate measure introduced to fix Carcieri land-into-trust ruling

Filed Under: Law | Politics | Trust
More on: 113th, alaska, ira, jerry moran, jon tester, land-into-trust, mark begich, scia, senate, supreme court
   

A bipartisan group of lawmakers in the Senate introduced a bill to fix the U.S. Supreme Court decision in Carcieri v. Salazar.

S.2188 amends the Indian Reorganization Act to ensure that all tribes can follow the land-into-trust process. It replaces a troublesome phrase -- "now under federal jurisdiction" -- with "any federally recognized Indian tribe" to cover all tribes, regardless of the date of federal recognition.

“The Carcieri decision is crippling a key component of tribal sovereignty and economic viability while setting the stage for harmful court cases where only lawyers win,” Sen. Jon Tester (D-Montana), the chairman of the Senate Indian Affairs Committee, said in a press release. “We need to come together, work across party lines, and solve this problem. This is a difficult issue, but we cannot hold these sovereign nations hostage to a decision that creates two classes of tribes and stalls economic development across Indian Country.”

The bill applies to all tribes, including those in Alaska, an issue of contention in the past. Sen. Mark Begich (D-Alaska), the state's senior Senator, told the National Congress of American Indians last month that he would not try to exclude tribes in Alaska.

The bill also ensures that all prior land-into-trust acquisitions are legal. The issue has come up in Big Lagoon Rancheria v. California, a case involving the Big Lagoon Rancheria that's being closely watched across Indian Country.

“It is unjust for there to be two classes of Indians created by the Carcieri v. Salazar decision -- those tribes federally recognized in 1934 and those recognized after,” Sen. Jerry Moran (R-Kansas) said in the press release. “Tribes should no longer shoulder the burden of lawsuits and uncertainty that hinder their prosperity. The Secretary of Interior’s authority to take land into trust for all tribes is essential for economic development.”

The text of the bill follows:
S. 2188

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REAFFIRMATION OF AUTHORITY.

(a) Modification.--

(1) IN GENERAL.--The first sentence of section 19 of the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 479), is amended--

(A) by striking ``The term'' and inserting ``Effective beginning on June 18, 1934, the term''; and

(B) by striking ``any recognized Indian tribe now under Federal jurisdiction'' and inserting ``any federally recognized Indian tribe''.

(2) EFFECTIVE DATE.--The amendments made by paragraph (1) shall take effect as if included in the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 479), on the date of enactment of that Act.

(b) Ratification and Confirmation of Actions.--Any action taken by the Secretary of the Interior pursuant to the Act of June 18, 1934 (commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.), for any Indian tribe that was federally recognized on the date of that action is ratified and confirmed, to the extent such action is subjected to challenge based on whether the Indian tribe was federally recognized or under Federal jurisdiction on June 18, 1934, as if the action had, by prior Act of Congress, been specifically authorized and directed.

(c) Effect on Other Laws.--

(1) IN GENERAL.--Nothing in this section or the amendments made by this section shall affect--

(A) the application or effect of any Federal law other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended by subsection (a); or

(B) any limitation on the authority of the Secretary of the Interior under any Federal law or regulation other than the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as so amended.

(2) REFERENCES IN OTHER LAWS.--An express reference to the Act of June 18, 1934 (25 U.S.C. 461 et seq.), contained in any other Federal law shall be considered to be a reference to that Act as amended by subsection (a).

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

Related Stories:
Law Article: DOI takes diligent approach with land-into-trust (03/19)
DOI addresses Carcieri land-into-trust case with legal opinion (3/13)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
White House to host first-ever Native youth conference on July 9 (4/24)
Native Sun News: Northern Cheyenne Tribe fires casino manager (4/24)
Lakota Country Times: Timothy Standing Soldier passes on at 54 (4/24)
Mark Trahant: Invest in our Native youth for long-term success (4/24)
James Giago Davies: True believerism and comic book solutions (4/24)
Brandon Ecoffey: Oglala Sioux Tribe must act on legal marijuana (4/24)
Ed Rice: Cleveland team comes up with excuse for racist mascot (4/24)
White House Blog: Recognizing tribal Climate Action Champions (4/24)
House subcommittee looks at poor conditions at Indian schools (4/24)
Navajo actress was put in darker makeup for Adam Sandler film (4/24)
Eastern Cherokee group plans lawsuit over tribal council raises (4/24)
Column: Commission takes on truth and reconciliation in Maine (4/24)
Senate votes to confirm Loretta Lynch as next attorney general (4/24)
ICT interview with confirmed NIGC Chairman Jonodev Chaudhuri (4/24)
Dave Palermo: Tribes in California assert right to Internet poker (4/24)
Pokagon Band casino remains a concern for Indiana lawmakers (4/24)
Pojoaque Pueblo places casino manager on administrative leave (4/24)
White Earth Nation promotes tribal members in casino positions (4/24)
Native Sun News: Oglala Sioux student vies for Miss Indian World (4/23)
Lakota Country Times: Tribal citizens named to education board (4/23)
Ivan Star: Struggling with the warrior heritage in Indian Country (4/23)
Dana Lone Elk: Lakota people still carry on fight of Crazy Horse (4/23)
Senate Indian Affairs Committee passes bill to renew NAHASDA (4/23)
BIA faces fire over latest reforms to federal recognition process (4/23)
Opinion: First Lady brings truth with remarks about Native youth (4/23)
Incoming leader of Navajo Nation stresses importance of youth (4/23)
Native actors storm off set of Adam Sandler film in New Mexico (4/23)
Marijuana seen as new frontier in tribal economic development (4/23)
Senate approves anti-trafficking measure with tribal provisions (4/23)
Interview with Gyasi Ross about spoken word release Isskootsik (4/23)
Blackfeet Nation launches campaign to ban drilling at sacred site (4/23)
Cherokee Nation celebrates births of first calves from bison herd (4/23)
Burns Paiute Tribe investigates fire that destroyed two bulidings (4/23)
Kaibab Paiute Tribe welcomes designation as 1st dark sky nation (4/23)
University of Minnesota sees surge in Native student enrollment (4/23)
Editorial: Minnesota tribes work together to address treaty rights (4/23)
Editorial: Maine governor fails to treat sovereign tribes as equals (4/23)
Brazil to host inaugural World Indigenous Games this September (4/23)
Prairie Band Potawatomi Nation probes woman's death at casino (4/23)
Tohono O'odham Nation vows defense for off-reservation casino (4/23)
Seminole Tribe talks with lawmakers about Class III casino deal (4/23)
Editorial: State needs assurances from Quapaw Tribe on gaming (4/23)
Native Sun News: Tribes take DOI to task over grizzly bear policy (4/22)
Native Sun News: Lakota rodeo legend Howard Hunter passes on (4/22)
Bill John Baker: Cherokee Nation language programs are working (4/22)
White House Blog: Improving the lives of Native American youth (4/22)
Bob Gough: Indigenous people most affected by climate change (4/22)
Duane Champagne: Indigenous accommodation for colonialism (4/22)
Audio from Senate Indian Affairs Committee on transportation (4/22)
Navajo Nation voters choose Russell Begaye as next president (4/22)
Appeals court sides with Indian inmate in religious rights case (4/22)
Kashia Band interested in timber not marijuana on new lands (4/22)
Kaw Nation to return to ancestral land in Kansas for ceremony (4/22)
Moapa Band to host Further Future music festival next month (4/22)
Lower Elwha Klallam Tribe runs into opposition to fish hatchery (4/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.